In Alabama, there are several different grounds upon which someone may file for divorce. They fall into two categories: fault and no-fault. While no-fault means that neither party bears the blame for the divorce, fault mean that the dissolution of the marriage is caused by the conduct of one of the parties.
Spousal abandonment is one of the three types of “fault” grounds.
In Alabama, a continuous absence from the marriage “bed and board” is considered voluntary abandonment. This means that one spouse leaves without the intent of returning. This person has left their spouse and severed all ties and responsibility – including related financial obligations – without good reason.
Legally, an individual is required to take care of an ailing dependent spouse or any minor children. If the spouse leaves the family and is unreachable or refuses to take care of the family financially, this can be considered criminal spousal abandonment.
In order to prove abandonment, the abandoned spouse must use direct or constructive evidence to demonstrate their claim. The spouse claiming abandonment must prove that the couple kept separate residences and didn’t engage in marital relations for a required period, usually a year.
Cases in which one spouse claims abandonment can be complicated. There are many different situations and factors involved from both sides that prompted the abandonment.
If you are seeking a divorce or if your spouse is seeking to divorce you, you undoubtedly have many questions. The Huntsville divorce lawyers of New Beginnings Family Law are here to help you understand your rights and explain the complex legal issues at stake, including abandonment.
If you are seeking to prove abandonment, you will require the assistance of an experienced divorce attorney to gather and present ample evidence in court to support your case. If your spouse is claiming abandonment, we’ll stand by you and help you fight back.
Our experienced family lawyers are ready to help, so contact us now to schedule a confidential consultation.
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